Whether it is written, oral, or implied, the elements for breach of contract are:
Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 525.
“[E]very contract for service has an implicit term to perform the service in a competent and reasonable manner.” N.A. Chemical Co. v. Super. Ct. (1997) 59 Cal.App.4th 764, 774.
“A negligent failure to do so may be both a breach of contract and a tort.” Id. citing Perry v. Robertson (1988) 201 Cal.App.3d 333, 340.
A written contract must be pled verbatim in the body of the complaint, be attached to the complaint and incorporated by reference, or be pled according to its legal effect. Bowden v. Robinson (1977) 67 Cal.App.3d 705, 718.
Evolution Evolution manages the operations of the hotel pursuant to a management agreement with T-12 and is a party plaintiff to the First Cause of Action for Breach of Contract, and the Second Cause of Action for Negligence. Evolution is not a party to the express and implied warranty claims.
Orange County, CA
On June 5, 2020, Plaintiff filed a complaint, asserting causes of action against Hernandez and Does 1-100 for: Breach of Contract Money Lent Account Stated On November 3, 2020, Hernandez’s default was entered. An Order to Show Cause Re: Failure to Proceed with Default Judgment is set for February 1, 2020.
Los Angeles County, CA
On August 20, 2020, Plaintiff filed a complaint, asserting causes of action against Corporation, Atilano and Does 1-10 for: Breach of Contract Open Book Account Account Stated Reasonable Value Personal Guarantee On October 16, 2020, Corporation’s and Atilano’s defaults were entered. A Case Management Conference is set for January 22, 2021. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice.
Contract
Breach
Los Angeles County, CA
Zhang”) and Does 1-10 for: Breach of Contract Fraud Conversion Common Counts (i.e., Money Had and Received) On November 9, 2019, X. Liu’s and S. Zhang’s defaults were entered. On July 23, 2020, Plaintiff dismissed L. Zhang, without prejudice. An Order to Show Cause Re: Failure to Proceed with Default Judgment is set for January 12, 2021. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted: S. Zhang’s liability remains unclear.
Real Property
Landlord Tenant
Los Angeles County, CA
On September 5, 2019, Plaintiff filed a complaint, asserting causes of action against Chen, Tissuesco and Does 1-10 for: Breach of Contract Breach of Fiduciary Duty On October 23, 2019, Chen’s default was entered. On September 1, 2020, Tissuesco’s default was entered. A Case Management Conference and an Order to Show Cause Re: Failure to Proceed with Default Judgment are set for December 7, 2020. Discussion Plaintiff Changliang Dai’s Application for Default Judgment is DENIED without prejudice.
Contract
Breach
Los Angeles County, CA
On December 31, 2019, Plaintiffs filed a complaint, asserting causes of action against Schwartz, Platinum and Does 1-100 for: Fraud and Deceit Negligence/Negligent Misrepresentation Breach of Contract Fraud in the Inducement On February 27, 2020, Schwartz’s and Platinum’s defaults were entered. A Case Management Conference and an Order to Show Cause Re: Failure to Proceed with Default Judgment are set for December 3, 2020.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On August 5, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-100 for: Breach of Contract Open Book Account Account Stated Unjust Enrichment On November 18, 2019, Defendants’ defaults were entered. An Order to Show Cause Re: Failure to File Default Judgment Packet is set for December 2, 2020. Discussion Plaintiff’s Application for Default Judgment is GRANTED. The court reduces attorney’s fees to $2,005.74, per Local Rule 3.214.
Collections
Promisory Note
Los Angeles County, CA
On December 19, 2019, Plaintiff Adrian Madden commenced this action against Gurucul Solutions, LLC for (1) breach of contract; (2) failure to pay wages; and (3) quantum meruit. On July 17, 2020, the Court sustained Defendant’s demurrer to the second cause of action with leave to amend. On August 17, 2020, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of contract; (2) quantum meruit; and (3) failure to pay wages (pursuant to Ontario Labor Standards Act).
Contract
Breach
Los Angeles County, CA
Strahl, Trustee of the Alessandra Strahl Revocable Living Trust U/T/D 09-24-93 commenced this action against Defendant JNY Investments LLC for (1) breach of contract; and (2) negligence. On October 19, 2020, default was entered against Defendant JNY Investments LLC. ANALYSIS: Plaintiff has not filed her request for dismissal of DOES. (CRC 3.1800(a)(7).)
Contract
Breach
Los Angeles County, CA
On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; (4) recovery on license bond; (5) negligence; and (6) negligent infliction of emotional distress. Defendant Arch Insurance Company (“Arch”) is the bonding company for Shea Homes and the named defendant in the 4th cause of action for recovery on the license bond. It filed its demurrer on August 6, 2020.
Santa Barbara County, CA
On October 11, 2018, plaintiff filed a complaint for (1) foreclosure of mechanic’s lien; and (2) breach of contract. Defendants BMI Group, Inc. and Ara Baljian filed an answer on January 2, 2019. Defaults for Gwen Hauenstein and Gary Hauenstein were entered on July 22, 2019. On January 6, 2020, attorney Robert Monterrosa appeared at a Case Management Conference (CMC) on behalf of the Hauenstein defendants. (January 6, 2020 Minute Order.) On January 27, 2020, Mr.
Santa Barbara County, CA
On November 9, 2020, Plaintiff filed a Second Amended Complaint (“FAC”), asserting causes of action against CIRC, Hawaii LP, Law Offices of Deacon Zhang, PC (“Zhang PC”), Daqin Zhang aka Deacon Zhang aka Daqin Deacon Zhang (“Zhang”), Fang, Hu and Does 1-50 for: Intentional Misrepresentation Negligent Misrepresentation Breach of Contract Violation of Corporations Code § 25401 Legal Malpractice A Case Management Conference is set for December 1, 2020.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On August 22, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-50 for: Breach of Contract Breach of Covenant of Good Faith and Fair Dealing Fraud On November 8, 2019, Venetian’s and Fair’s defaults were entered. On November 19, 2019, Osborne’s default was entered. A Case Management Conference and an Order to Show Cause Re: Default Judgment are set for December 1, 2020.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
BACKGROUND Plaintiff’s complaint arises from an alleged breach of contract. The Court dismissed the complaint without prejudice due to Plaintiff’s failure to submit default judgment. Plaintiff filed a motion (the “Motion”) to set aside the involuntary dismissal of the complaint. Due to the Motion being unopposed, the Court GRANTS the Motion. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Breach of Contract 10. Breach of Covenant of Quiet Enjoyment On August 31, 2020, Plaintiffs filed an “Amendment to Complaint,” wherein All County West Property Management aka All County Property Management West was named in lieu of Doe 1. On October 6, 2020, this action was transferred from Department 28 of the Personal Injury Court to this department. A Status Conference is set for November 30, 2020. 1.
Personal Injury/ Tort
other
Los Angeles County, CA
Therefore, Plaintiff fails to sufficiently allege a cause of action for breach of contract. Based on the foregoing, the Court SUSTAINS the demurrer to the third cause of action with leave to amend. 4.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On March 24, 2020, Plaintiff filed a complaint for Tortious Breach of Warranty of Habitability, Breach of the Covenant of Quiet Enjoyment, Nuisance, Business and Professions Code section 17200, Negligence, and Breach of Contract. RULING: Denied. Defendants, CP IV Parthenia, LLC and Greystar Worldwide, LLC move to strike allegations in support of, and request for, punitive damages in negligence cause of action.
Real Property
Landlord Tenant
Los Angeles County, CA
The most widely recognized exception is when defendant’s conduct constitutes a tort as well as a breach of contract. (Harris, 14 Cal.App.4th at p. 78.) When one party commits fraud during the contract formation or performance, the injured party may recover in both contract and tort. (Id.) Should Plaintiff adequately allege the elements of fraud, his claim shall survive the economic loss rule.
Los Angeles County, CA
On January 23, 2020, Plaintiff filed a complaint for breach of contract, unjust enrichment, promissory estoppel, and judicial foreclosure. The clerk entered default against Defendants on April 29, 2020. On January 8, 2020, the court entered default judgment for $109,446.58. On October 21, 2020, the court vacated the default judgment on the motion of Plaintiff in order to allow Plaintiff to seek leave to amend the complaint. RULING: Granted.
Collections
Promisory Note
Los Angeles County, CA
Ownzones’ cross-complaint alleges four causes of action for: (1) breach of contract, (2) promissory fraud, (3) intentional misrepresentation and (4) misrepresentation. On February 28, 2020, the Honorable Georgina T. Rizk granted Ownzones and Goman’s Motion to Compel Third Party, Alex Nahai (“Nahai”), to produce documents and a privilege log. Sanctions were also awarded against Nahai in the amount of $3,500.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Here, Plaintiff’s declaratory relief claim depends on the breach of contract and breach of warranty claims. The Court sustained the demurrer to those causes of action without leave to amend because there was no contract between the parties. Since this claim is derivative of the breach claims, the Court sustains the demurrer to the declaratory relief cause of action without leave to amend.
Los Angeles County, CA
.: 19SMCV00123 MOTION: Motion to Strike Portions of First Amended Complaint HEARING DATE: 11/25/2020 Plaintiff Rebecca Rickley filed a first amended complaint (FAC) against Defendant First American Insurance Company, aka First American Title Insurance Company, and Does 1-20 for (1) breach of implied covenant of good faith and fair dealing, (2) breach of contract, and (3) declaratory relief. Plaintiff Rickley alleges that her insurer failed to defend her in Tesoro, et al. v.
Insurance
Intellectual Property
Los Angeles County, CA
By way of background, Plaintiffs commenced the 18STCV08110 action against Richard, Hong, and Mission on December 12, 2018 (“First Action”), alleging causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of covenant of quiet enjoyment, (4) trespass, (5) nuisance, (6) IIED, (7) NIED, (8) negligence, and (9) wrongful eviction based on the same property and lease agreement and amendment.
Personal Injury/ Tort
other
Los Angeles County, CA
In the 4XC, Defendant alleges eight causes of action sounding in: (1) Breach of Contract, (2) Breach of Contract (Civ. Code §1559); (3) Fraud; (4) Fraud; (5) Fraud; (6) Negligent Misrepresentation; (7) Negligence; and (8) Recovery of Payments to Unlicensed Contractor (B&P Code § 7031(b)).
Los Angeles County, CA
To allege a breach of contract cause of action, a plaintiff must plead (1) the contract, (2) plaintiff’s performance or excuse for non-performance, (3) defendant’s breach, and (4) damage to plaintiff as a result of the breach. (Acoustics, Inc. v. Trepte Constr. Co. (1971) 14 Cal.App.3d 887, 913.)
Real Property
other
Los Angeles County, CA
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